We are in the courtroom. Lori Vallow Daybell is present. She is smiling and talking quietly with her attorneys.
Judge Boyce says this hearing will be about the attendance of victims in the case "as it relates to the exclusionary rule". That is about excluding certain witnesses from being present during other testimony.
Boyce: The legal issue today the court wants to discuss is "who is a legally defined victim who would not be subject to the exclusionary order the court just ordered."
Boyce now asking the prosecution who will be in attendance that could fit the legal definition of a victim. Rob Wood saying the court's interpretation of a victim should include anyone who suffers emotional harm as the result of an offense.
He believes Kay and Larry Woodcock should be considered victims in the case. That's JJ's grandparents who we expect to be present at the trial. Also adding Summer Shiftlet (Lori's sister) and Colby Ryan (Lori's son, JJ and Tylee's brother) to be considered.
Lori's attorneys responding -- "we believe the only victim under Idaho code [...] Colby Ryan would be the only one who qualifies as a victim". The defense team does not believe JJ's grandparents or Lori's sister should fit the legal definition.
Archibald: The children of Tammy Daybell would be considered victims but as far as the defense knows, they do not plan to attend the trial.
Archibald is asking the judge to exclude Summer Shiftlet and Kay and Larry Woodcock from the victim list.
Rob Wood is arguing JJ's grandparents, the Woodcocks, should absolutely fit the definition of victim and be allowed to watch the trial. They're discussing the definition of an "immediate family member".
Archibald citing Idaho adoption laws - says since Kay's son terminated legal parental rights, she's no longer legally JJ's grandma. "No one is kicking a grandma out of the courtroom. The only grandma would be Lori's parents or Tammy's parents."
Boyce will not make a decision today and will issue a written ruling on who will be considered a victim in the case, therefore who would be permitted to be present during portions of testimony. Prosecution and defense must submit supplemental briefings by 5pm Friday.
They will meet privately now on "administrative" topics related to courtroom seating etc. Court is adjourned.